Oregon Appellate Ct - Aug 17, 2016

Revision as of 08:45, August 20, 2016

Probable Cause - Drugs Found in Passenger's Possession Does Not Amount to PC that Driver Possessed Drugs

State v. Keller, 280 Or App 249 (2016) (Hadlock, C.J.)

Identity Theft -

State v. Ritter, 280 Or App 281 (2016) (Schorr, J.)

Miranda Warnings - State Must Prove Spanish Miranda Warnings Were Understood

The court concludes that the state failed to meet its burden of proof that defendant received adequate Miranda warnings and that the admission of defendant's statements was not harmless. Police responded to a domestic violence call and arrested defendant. One of the officers knew that defendant's relative, Garcia, lived nearby and had previously worked with the police department as an interpreter. The officer called Garcia. Garcia read to defendant the Miranda warnings on the officer's prepared card and told the officers that defendant said that he understood the warnings. During the suppression hearing, the state did not call Garcia or introduce the prepared Miranda card. The state called an officer who admitted that he did not know what Garcia had translated or whether Garcia was a certified interpreter. The court holds that the record is insufficient to support a finding that the Miranda concepts that Garcia translated were constitutionally adequate. The court further holds that the statements were not harmless because they impacted defendant's credibility at trial.

State v. Casarez-Hernandez, 280 Or App 312 (2016) (De Muniz, S.J.)

Exigent Circumstances - Entry Into Private Garage Lawful to Pursue Fleeing Suspect

An officer's warrantless entry into a private garage, after defendant fled from the officer's efforts to stop defendant for DUII, was lawful under Article I, section 9, and the Fourth Amendment. Defendant argued below that the officer should have set up a perimeter around the garage and secured a warrant before entering into the private garage to arrest defendant. The court rejects that argument and hold that under Article I, section 9, the warrantless entry was justified under the exigent circumstances exception to forestall defendant's escape. The court further holds that the warrantless entry was reasonable under the Fourth Amendment because defendant had committed a crime in the officer's presence and the officer was in hot pursuit of a fleeing suspect.

State v. Wright, 280 Or App 259 (2016) (Armstrong, P.J.)

Probation Revocation - Court Does Not Need to Find that Probation Violation was Willful to Revoke Probation

The court concludes that ORS 137.540(6) did not require the trial court to determine that defendant had willfully violated his probation before revoking his probation. Defendant was charged with violating his probation by changing residences without reporting to his probation officer after defendant was kicked out of his group home for refusing to take a urine test. Defendant admitted that he violated probation but argued that it was not a willful violation. The court explains that prior case law where the court found that a defendant willfully violated probation did not hold that a finding of willfulness was required to revoke probation.

State v. Gray, 280 Or App 277 (2016) (Egan, J.)

State Concedes Insufficient Evidence of Second-Degree Criminal Mischief - Per Curiam

The court reverses the defendant's conviction for second-degree criminal mischief after the state conceded that there was insufficient proof that the defendant caused damage to another's property.

State v. Bryan, 280 Or App 320 (per curiam)

Attorneys Fees - In Camera Review - Per Curiam

After conducting its own review of disputed records, the court affirms the trial court's decision not to disclose records from the Crime Victim's Compensation Fund after conducting an in camera review. The court reverses the trial court's imposition of attorney fees.

State v. Sanders, 280 Or App 322 (2016) (per curiam)